Back
S. N. PATHAK
Alice Usha Rani Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
Heard the parties.
Prayers made
2. Petitioner has prayed for a direction upon the respondents to pay her 15% pension which has been withheld for five years after quashing and setting aside the orders contained in memo No. 9290 dated 20.09.2013 and 10003 dated 15.10.2013, issued by the Deputy Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, Ranchi and also the memo No. 1363 dated 15.11.2013 issued by the Accounts Officer, Office of the Accountant General (A&E), Jharkhand, Ranchi.
Factual Matrix
3. Shorn of unnecessary details, the petitioner on attaining the age of retirement, superannuated on 30.04.2010 from the post of Director, Department of Land Records, Measurement, Revenue and Land Reforms, Govt. of Jharkhand, Ranchi. It is the case of petitioner that she joined the Jharkhand Public Service Commission on 13.08.2004 as Secretary and thereafter, she was made Controller of Examination to which she assumed the charges on 05.03.2005. It is the further case of petitioner that on the basis of investigation report of the Vigilance Department to the State Government dated 13.12.2010, an FIR being R.C. Case No. 06(A)/
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
Rule 43(a) of the Pension Rules is not applicable to cases where the misconduct in question occurred while the petitioner was in service and departmental proceedings had already been initiated agains....
Authority cannot invoke pension reduction after full pension has been sanctioned; revisional powers are reserved for the State Government under Rule 139(c) of Jharkhand Pension Rules.
The court established that under the Jharkhand Pension Rules, any disciplinary action or show-cause notice related to alleged misconduct must be initiated within four years of the event, failing whic....
A retired government servant's pension cannot be deducted without initiating proper departmental proceedings within the stipulated time frame as per the Pension Rules, specifically Rule 43(b).
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
